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Tag: RPAPL 1304

RIP, Kessler

February 17, 2023 qsakhizada

Fourteen months after coming into existence, Kessler is no longer law. This week, the Court of Appeals reversed the Second…

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Filed under: 90-day Notice, Bank of America v. Kessler, Court of Appeals, Foreclosure Defense, Kessler, reversed, RPAPL 1304

Cross-Motion to Dismiss Granted!

December 11, 2022 qsakhizada

Nassau County foreclosure action dismissed! In this matter, after the parties could not reach a settlement, the bank’s litigation attorneys…

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Filed under: dimissal, Foreclosure, Foreclosure Defense, foreclosure litigation, Judge Sullivan, Kessler, litigation, nassau county, RPAPL 1304, SPS

Another Suffolk County foreclosure action dismissed!

June 30, 2022 qsakhizada

Another day, another dismissal. In this matter, the Court found our Opposition to plaintiff’s Motion for Summary Judgment to be…

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Filed under: dismissed, Foreclosure, Foreclosure Defense, foreclosure litigation, Kessler, litigation, long island, RPAPL 1304, suffolk county

Plaintiff discontinues foreclosure action three years later because of Kessler violations

May 10, 2022 qsakhizada

Some banks are taking initiative and discontinuing foreclosure actions where the RPAPL § 1304 notices contain Kessler (decided December 15,…

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Filed under: 90-day notices, discontinuance, Foreclosure, Foreclosure Defense, foreclosure litigation, Kessler, litigation, Mr. Cooper, nassau county, Nationstar, RPAPL 1304, suffolk county

Citibank, N.A. v Conti-Scheurer – Evidence needed to prove (and disprove) compliance with RPAPL § 1304.

April 24, 2019 qsakhizada

Prior to commencing a foreclosure action on owner-occupied property in New York State, a lender must serve a ninety (90)…

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Filed under: 90-day Notice, Foreclosure, Foreclosure Defense, foreclosure litigation, RPAPL 1304

Posts

  • Fraudulent deed (evil brother edition)
  • 2013 Reverse Mortgage Foreclosure Action Dismissed!
  • Some Summer Settlements!
  • Bank cannot prove Standing — Summary Judgment denied!
  • Open House 8/26 — Multiplex Home in Elmont
  • HAF appreciation post!
  • Illegible loan document — Summary Judgment denied!
  • Bank’s Motion for Summary Judgment denied (twice)!
  • Revisiting foreclosure scam notices
  • RIP, Kessler
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